Kneed & Ross

The case of Kneed & Ross concerned a dispute between a mother and father regarding their child, H, and the settlement of their property. The matter came before Barry J in the Family Court of Australia.

The court was required to determine the living arrangements for the child H, including with whom H would live and the extent of parental responsibility. Additionally, the court had to resolve the parties' claims for property settlement and associated costs.

Barry J ordered that H live with the Mother and that the Mother have sole parental responsibility. No orders were made regarding time between the Father and the child. The court dismissed contravention applications filed by the Father and discharged previous orders relating to children's issues, with specific provisions for informing parties of their obligations and the consequences of contravention. In relation to property, the Wife was to receive specific sums from funds held in trust, including an amount for costs awarded by a Judicial Registrar. The Wife was also to receive a significant sum in full and final settlement of her property claims, and was to be solely responsible for certain storage fees. The balance of funds in the trust account was to be frozen pending further submissions on costs, with the remainder to be released to the Husband unless a claim for costs by his former solicitor arose.

The Father was granted liberty to apply to set aside or vary the orders within twenty-eight days, provided he filed a medical report detailing a terminal illness diagnosis and overseas treatment. Upon receipt of this material, the Independent Children's Lawyer was to seek to relist the matter. If the Father did not proceed with this application, the Independent Children's Lawyer would be discharged.